Kemi Badenoch says the Tories would ‘restore common sense’ (Image: Getty)
Kemi Badenoch vowed that the Tories would “end this nonsense” after a nurse who complained about sharing a female changing room with a trans doctor won her harassment claim against NHS Fife.
Sandie Peggie was suspended by the health trust after confronting Dr Beth Upton at Victoria Hospital, in Kirkcaldy, on Christmas Eve 2023.
The trans medic went on to make an allegation of bullying and harassment against the nurse and cited concerns about patient care.
Ms Peggie had lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment, harassment related to a protected belief, indirect discrimination, and victimisation.
On Monday, the employment tribunal upheld the harassment claim, but allegations of discrimination, indirect discrimination and victimisation were dismissed.
Welcoming the decision, Ms Peggie said: “I am beyond relieved and delighted that the tribunal has found that my employer Fife Health Board harassed me after I complained about having to share a female-only changing room with a male colleague.
“The last two years have been agonising for me and my family. I will have much more to say in the coming days once I’ve been able to properly consider the lengthy judgment and discuss it with my legal team. For now, I am looking forward to spending a quiet few days with my family.”
Tory leader Mrs Badenoch said: “I’m delighted Sandie Peggie has finally won her case against NHS Fife. It’s ridiculous it took two years to reach a verdict that was so obvious from the start.
“This entire episode is indicative of a system wasting time and taxpayers’ money to please a small cabal of activists.
“A Conservative government would end this nonsense, restore common sense, and enforce single-sex spaces without apology.”
The tribunal found that NHS Fife had harassed Ms Peggie by allowing Dr Upton to continue using the female changing rooms before different work rotas took effect, so that they would no longer work together.
It also found that the health board had harassed Ms Peggie by taking an unreasonable length of time to investigate the allegation.
The judgment dismissed the claims made against Dr Upton, who was named as a respondent in the case.
Sandie Peggie won part of her employment tribunal against NHS Fife (Image: Getty)
Ms Peggie’s solicitor Margaret Gribbon described the result as a “huge win for a tenacious and courageous woman standing up for her sex-based rights”.
Maya Forstater, chief executive of sex-based rights charity Sex Matters, which supported Ms Peggie, said: “We are pleased that Sandie Peggie has won her claim of harassment against NHS Fife, and that the hospital trust was criticised for its terrible handling of the complaint against her.
“Overall we are disappointed in the tribunal’s approach, which sought to reach a spurious ‘balance’ between a woman’s right to undress with privacy and dignity, and the right of an employee with the protected characteristic of gender reassignment not to be discriminated against.”
The employment tribunal hearings took place in Dundee before Judge Sandy Kemp earlier this year.
A spokesperson for NHS Fife said: “NHS Fife recognises that this has been a complex and lengthy process and acknowledges the careful consideration of Judge Kemp and the tribunal panel.
“The employment tribunal unanimously dismissed all of the claimant’s allegations against Dr Upton and all of the allegations against the board, apart from four specific aspects of the harassment complaint.
“We will now take time to work through the detail of the judgment alongside our legal team to understand fully what it means for the organisation.
“We want to recognise how difficult this tribunal has been for everyone directly and indirectly involved.
“Our focus now is to ensure that NHS Fife remains a supportive and inclusive environment for all employees and our patients and to deliver health and care to the population of Fife.”
